Bullying and sexual harassment is on the rise. Recent reports suggest that 44% of males have experienced bullying at some point in their lives, rising to 57% for females and even further to 59% for transgender individuals. In the past, most cases of bullying in the workplace were as a result of direct face to face harassment, but with the continuing advancement of technology and its ever increasing presence in the working environment, people are now falling victim to bullying and sexual harassment through many different channels and mediums. In this article, the specialist team at LegalExpert.co.uk explore what constitutes as bullying at work, and what can be done to tackle it.

Find someone to speak to at work

Find someone to speak to at work

Long term impact

Evidence has shown that there can be serious long term physical damage caused to individuals who are victims of bullying and sexual harassment. Research has suggested that 44% of those who experience bullying will go on to suffer from depression, with 41% feeling some from of social anxiety and an alarming ⅓ admitting to having suicidal thoughts. One of the biggest problems with bullying is that there are no hard and fast rules as to what exactly bullying is, making it harder for people to feel they are justified in making a complaint or speaking up.

The definition of bullying

In the legal world, ‘bullying’ isn’t actually a recognised term, however it is often used as an ‘umbrella’ phrase to cover a number of forms of harassment which are definable by law and are laid out in the 2010 Equality Act.

Here are a few of the definable types of harassment which could help make a case for bullying:

  • Preventing promotion or training opportunities - Whilst this can be very difficult to prove, this behaviour is a passive type of bullying as although not directly trying to harm the victim, the person responsible for deciding on promotions and training opportunities is denying them access to the equal opportunities they are legally entitled to.
  • Constantly criticising and undermining - This type of bullying occurs when a worker who is performing well, yet constantly receives criticism that is often without reason or factual basis. Often used subtely, this is designed to break down the confidence of the victim and enable the bully to assert power and authority over them.
  • Jokes in ‘bad taste’ - Humour is one of the most frequent forms of bullying which is often excused or justified as ‘just banter’ but the reality is for the victim it is far from that. Intentionally or frequently picking on someone or using them as the butt of jokes, where this is based on looks, gender, sexual orientation, ethnicity or any other identifiable characteristic is outright bullying and that’s no joke.
  • Unfair treatment - From seeing preferential treatment being given to others for holiday bookings and work-based treats/rewards to being given a heavier workload than others with the same role, from being made to stay late to stay on top of an extended list of tasks, any examples of not being given the same treatment as others and can be classed as bullying.
  • Rumours and gossip - Office gossip is one thing, but when it can cause a person’s reputation to be damaged or impacts their emotional wellbeing at work, it’s a firm case for bullying.

This is not an exhaustive list and there are many other instances of bullying and harassment which can take place in the workplace. It is also worth remembering that any of the above forms of bullying can take place via direct face to face interactions between people, online (this includes email, social networking or internet/mobile chat rooms), via letter, or over the phone.

From a legal standpoint however, it is important to understand which reasons are valid when making a complaint for bullying. Broadly speaking, if the bullying is taking place as a DIRECT result of the victim’s sexual orientation, religion or beliefs, race or colour, gender, disability or age, then there is likely to be a case to be made.

What to do if you are being bullied

Victims of bullying and harassment in the workplace often feel isolated and powerless, particularly if the bully is their supervisor, manager, or higher. However, it is important to find the courage to speak up and gain support, so that you can begin to tackle the issue before it creates longer term problems. Here are a few tips for getting the ball rolling.

  • Find someone to speak to at work - Whether this is another colleague, a member of HR or the manager of a different department, speaking up is the first step towards tackling the issue head on. They may be able to support you in escalating the matter and help direct you through the proper complaints procedure at work.
  • Visit your doctor - If the bullying is having a serious impact on your emotional wellbeing, don’t suffer in silence be sure to see you doctor. They may be able to refer you to counselling or sign you off work if your health is suffering.
  • Speak to Citizen’s Advice - If you are worried about bullying and are unsure that the company will deal with the issue effectively, it is worth speaking to Citizen’s Advice, who can advise you of your legal rights and what the law requires of your employer. They can offer an impartial and well-informed opinion of your situation and provide you with contacts for any organisations or support groups that could help you.
  • Consider a compensation claim -  In some cases, you may feel that the only way to stop the bullying is for you to leave the organisation, in which case you may be entitled to some form of compensation. Many solicitors who specialise in bullying at work and sexual harassment compensation claims will provide you with a free hour or legal consultation and can answer any questions or concerns you may have. If you do decide to proceed with a claim against your former employer, most will work on a No Win No Fee basis, meaning you won’t have to pay any legal fees unless your claim is successful.

Sadly, bullying and sexual harassment in the workplace is unlikely to be eradicated any time soon, which is why if you find yourself in the unfortunate position of being bullied, it is important to take the steps above to ensure you prioritise your emotional wellbeing, seek the necessary advice and support needed and always report any instances of bullying to your employer using the correct complaint procedures, as they have a legal requirement to handle any bullying and harassment complaints in a fair and appropriate manner.

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